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Property ownership of radio-frequency spectrum resources is vested in the State.
According to the Property Law, the following property belongs to the State:
1. Mineral deposits, water currents, and sea areas belong to the state. (Article 46).
2. The land of the city belongs to the state. The law stipulates that land in rural areas and on the outskirts of cities that is owned by the State belongs to the State. (Article 47).
3. Natural resources such as forests, mountains, grasslands, wastelands, and tidal flats belong to the state, except for those that are collectively owned by law. (Article 48).
4. The wildlife resources that belong to the state as prescribed by law belong to the state. (Article 49).
5. Radio spectrum resources belong to the state. (Article 50).
6. Cultural relics that belong to the state as prescribed by law belong to the state. (Article 51).
7. National defense assets belong to the state. (Article 52).
8. Railways, highways, electric power facilities, telecommunications facilities, oil and gas pipelines, and other infrastructure facilities that are owned by the state in accordance with the provisions of the law shall be owned by the state. (Article 52).
9. State organs have the right to occupy, use and dispose of the immovable and movable property under their direct control. (Article 53).
10. State-run institutions shall have the right to possess, use, and benefit and dispose of the immovable and movable property under their direct control. (Article 54).
11. Enterprises funded by the state shall perform the duties of investors on behalf of the state in accordance with laws and administrative regulations, and enjoy the rights and interests of investors. (Article 55).
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Article 50 of the Property Law clearly stipulates: "Radio spectrum resources belong to the state. ”
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Article 50 of the Law stipulates that "the resources of the radio spectrum shall belong to the State. Article 56 stipulates: "All property owned by the state shall be protected by law, and no unit or individual shall be allowed to encroach upon, plunder, privately divide, withhold, or destroy it." ”
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To minerals, rivers, forests, etc., ownership should be state.
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Legal Analysis: According to the Civil Code of the People's Republic of China, radio spectrum resources are the property of the state.
Legal basis: Civil Code of the People's Republic of China
Article 246:The law provides that property that belongs to the state and belongs to the state, that is, to the whole people.
State-owned property is owned by *** on behalf of the state. Where the law provides otherwise, follow those provisions.
Article 252 The wireless spectrum resources belong to the State.
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Legal Analysis: According to the Civil Code of the People's Republic of China, radio spectrum resources belong to the state.
The radio spectrum is a non-traditional natural resource, an important strategic scarce resource of the country, and an important carrier to promote the development of informatization.
Legal basis: Civil Code of the People's Republic of China
Article 2: Property that belongs to the State as prescribed by law belongs to the State, that is, to the whole people. State-owned distressed property is owned by *** on behalf of the state. Where the law provides otherwise, follow those provisions.
Article 252 Radio spectrum resources belong to the State。
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Legal basis: Article 4 of the "Radio Management Regulations" stipulates that radio spectrum resources belong to the state. The state implements the principles of unified planning, rational development, scientific management, and paid use of the radio spectrum.
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In addition, the law stipulates that cultural relics owned by the state belong to the state.
Defense assets are owned by the state. Railways, highways, electric power facilities, telecommunications facilities, oil and gas pipelines, and other infrastructure facilities that are owned by the state in accordance with the provisions of the law, belong to the state.
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Legal Analysis: Radio spectrum resources are owned by the state. Ownership is the basis of property rights, and this provision establishes the right of the State to occupy, use, benefit and dispose of radio spectrum assets or sources in accordance with the law.
Legal basis: Article 252 of the Civil Code of the People's Republic of China Radio spectrum resources belong to the state.
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